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How Is Fault Determined When a Car and Pedestrian Collide in Florida?

people walking in a cross walk

It’s an unfortunate reality that many cities and suburbs have become heavily dependent on vehicles. As such, it has grown increasingly unsafe for pedestrians to travel by foot. As such, when a car and pedestrian collide, you may assume determining liability is clear-cut. However, this is not always the case. In reality, either party can be held liable, which makes deciding who is responsible difficult. If you were struck by a vehicle while walking, it’s in your best interest to connect with an experienced Broward County pedestrian accident lawyer to discuss your circumstances. Keep reading to learn more about these complex matters.

What Should I Know About a Car and Pedestrian Accident?

When you are struck by a vehicle, unfortunately, several injuries can arise. Unlike when two vehicles collide, these accidents can be incredibly dangerous, as the pedestrian has no vehicle around them to absorb some of the impact.

As such, the pedestrian can endure several injuries as they can sustain two blows – once from colliding with the vehicle, and another when they hit the pavement afterwards. Someone struck by a vehicle while walking can endure any of the following injuries:

  • Broken bones
  • Lacerations
  • Back, neck, or spine injuries
  • Internal organ damage
  • Traumatic brain injuries
  • Road rash
  • Death

If you are struck by a vehicle, it’s imperative to understand that you should immediately call emergency services to request a police presence and emergency technicians at the accident scene. Even if you feel okay, receiving medical treatment is critical to ensuring you mitigate damages and receive the care you need if you wish to pursue compensation later

Who Can Be Held Liable?

Generally, the car or pedestrian can be held liable for the damages. Unfortunately, many pedestrians assume they cannot be held liable due to the severity of their injuries or the fact they were on foot. However, this is untrue.

While drivers are generally found responsible, whether they were under the influence, distracted, driving recklessly, or simply failed to yield to the person in the crosswalk, the pedestrian can also be responsible. For example, if the pedestrian does not cross a road at a marked crosswalk or steps out into the road too quickly for an approaching car to safely stop, they may be held at fault for the damages.

If you have been struck by a negligent driver, taking the necessary steps to fight to protect yourself during these matters is critical. Generally, the most important thing to do is connect with an experienced personal injury attorney as soon as possible. Unfortunately, you may find that trying to prove negligence on your own ins incredibly difficult. However, a lawyer can help you gather evidence to show the driver was negligent.

When you are hurt, the Finizio Law Group is ready to help. We understand how complex these matters can be, which is why we are dedicated to fighting for you. Contact us today to discuss the details surrounding your case with a member of our legal team.

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